Rule2023-18081
Affordable Connectivity Program; Emergency Broadband Benefit Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 23, 2023
Effective
August 23, 2023
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission) announces that the Office of Management and Budget (OMB) has approved, for a period of three years, an information collection titled Affordable Connectivity Program (ACP) Transparency Data Collection, which is associated with the rules contained in the Fourth Report and Order, FCC 22-87 (Nov. 23, 2022) (Fourth Report and Order), which was summarized in a document published on January 13, 2023. This document is consistent with the Fourth Report and Order and its summary.
Full Text
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<title>Federal Register, Volume 88 Issue 162 (Wednesday, August 23, 2023)</title>
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[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Rules and Regulations]
[Pages 57363-57364]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18081]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 54
[WC Docket No. 21-450; FCC 22-87; FR ID 164120]
Affordable Connectivity Program; Emergency Broadband Benefit
Program
AGENCY: Federal Communications Commission.
ACTION: Final rule; announcement of effective date.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) announces that the Office of Management and Budget (OMB)
has approved, for a period of three years, an information collection
titled Affordable Connectivity Program (ACP) Transparency Data
Collection, which is associated with the rules contained in the Fourth
Report and Order, FCC 22-87 (Nov. 23, 2022) (Fourth Report and Order),
which was summarized in a document published on January 13, 2023. This
document is consistent with the Fourth Report and Order and its
summary.
DATES: The amendments to Sec. 54.1813(b) through (d) (instruction 3),
published at 88 FR 2248, January 13, 2023, and the amendments to Sec.
54.1813(c) and (g) in this final rule, are effective August 23, 2023.
FOR FURTHER INFORMATION CONTACT: Eric Wu, Attorney Advisor,
Telecommunications Access Policy Division, Wireline Competition Bureau,
at (202) 418-7400 or <a href="/cdn-cgi/l/email-protection#ef8a9d868cc1989aaf898c8cc1888099"><span class="__cf_email__" data-cfemail="bedbccd7dd90c9cbfed8dddd90d9d1c8">[email protected]</span></a>. For additional information
concerning the Paperwork Reduction Act information collection
requirements contact Nicole Ongele at (202) 418-2991 or
<a href="/cdn-cgi/l/email-protection#4826212b27242d6627262f2d242d082e2b2b662f273e"><span class="__cf_email__" data-cfemail="5c32353f3330397233323b3930391c3a3f3f723b332a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Commission submitted information
collection requirements for review and approval by OMB, as required by
the Paperwork Reduction Act (PRA) of 1995, on June 7, 2023, which were
approved by OMB on August 11, 2023. The information collection
requirements are found in the Commission's Affordable Connectivity
Program; Emergency Broadband Benefit Program, WC Docket No. 21-450,
Fourth Report and Order, FCC 22-87 (Nov. 23, 2022) (Fourth Report and
Order), which was summarized in 88 FR 2248, January 13, 2023. The OMB
Control Number is 3060-1310. If you have any comments on the burden
estimates listed in the following, or how the Commission can improve
the collections and reduce any burdens caused thereby, please contact
Nicole Ongele, Federal Communications Commission, 45 L Street NE,
Washington, DC 20554. Please include the OMB Control Number, 3060-1310,
in your correspondence. The Commission will also accept your comments
via email at <a href="/cdn-cgi/l/email-protection#4c1c1e0d0c2a2f2f622b233a"><span class="__cf_email__" data-cfemail="d9898b9899bfbabaf7beb6af">[email protected]</span></a>.
To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an email to <a href="/cdn-cgi/l/email-protection#01676262343135416762622f666e77"><span class="__cf_email__" data-cfemail="0f696c6c3a3f3b4f696c6c21686079">[email protected]</span></a> or call the Consumer & Governmental
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
Synopsis
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), the Commission is notifying the public that it received OMB
approval on August 11, 2023, for the information collection
requirements contained in 47 CFR 54.1813, published at 88 FR 2248,
January 13, 2023.
Section 54.1813(g) of title 47 of the Code of Federal Regulations
provides that compliance with Sec. 54.1813(b) through (d) wouldn't be
required until Sec. 54.1813(g) is removed or contains a compliance
date, which wouldn't occur until after OMB completes review pursuant to
the PRA. Since OMB has completed its review of the information
collection requirements, this document removes Sec. 54.1813(g). This
document further revises Sec. 54.1813(c) to delete the reference to
paragraph (g) and to add the compliance date for the ACP Transparency
Data Collection.
These amendments to Sec. 54.1813(c) and (g) are effective on the
date this document is published in the Federal Register. The amendments
are minor corrections, and the public was given notice in the November
2022 Fourth Report and Order that the rules would need to be amended to
reflect completion of OMB review under the Paperwork Reduction Act.
Additionally, the Commission separately announced the compliance date
for the ACP Transparency Data Collection in a Public Notice issued on
August 11, 2023. These amendments impose no immediate burdens or
obligations on members of the public, and making them effective upon
publication will enhance notice to the public by incorporating the
compliance date sooner into the Code of Federal Regulations. There is
thus good cause under 5 U.S.C. 553(d)(3) for the amendments to be
effective less than 30 days after their publication.
Under 5 CFR part 1320, an agency may not conduct or sponsor a
collection of information unless it displays a current, valid OMB
Control Number.
Additionally, no person shall be subject to any penalty for failing
to comply with a collection of information subject to the Paperwork
Reduction Act that does not display a current, valid OMB Control
Number. The OMB Control Number is 3060-1310.
The foregoing notification is required by the Paperwork Reduction
Act of 1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
The total annual reporting burdens and costs for the respondents
are as follows:
OMB Control Number: 3060-1310.
OMB Approval Date: August 11, 2023.
OMB Expiration Date: August 31, 2026.
Title: Affordable Connectivity Program (ACP) Transparency Data
Collection.
Form Number: FCC Form 5651.
Type of Review: New information collection.
[[Page 57364]]
Respondents: Business or other for-profit.
Number of Respondents and Responses: 1,755 respondents; 1,755
responses.
Estimated Time per Response: 31 hours.
Frequency of Response: Annual reporting requirement.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for this information collection is contained in
section 904 of Division N, Title IX of the Consolidated Appropriations
Act, 2021, Public Law 116-260, 134 Stat. 1182, as amended by the
Infrastructure Investment and Jobs Act, Public Law 117-58, section
60502(c), 135 Stat. 429, 1243 (2021) and 47 U.S.C. 1752.
Total Annual Burden: 54,405 hours.
Total Annual Cost: No cost.
Needs and Uses: On November 15, 2021, the President signed the
Infrastructure Investment and Jobs Act, Public Law 117-58, 135 Stat.
429 (2021), which appropriated $14.2 billion to expand and modify the
Emergency Broadband Benefit Program in the form of a new, longer-term
broadband affordability program called the Affordable Connectivity
Program (ACP). The Affordable Connectivity Program provides qualifying
low-income households with a monthly discount of up to $30 per month
(or up to $75 per month for households on qualifying Tribal Lands) for
broadband services, and a one-time $100 discount on a connected device
(tablet, laptop, or desktop computer) from the participating provider
with a co-pay of more than $10 but less than $50.
The Infrastructure Act also directed the Commission to ``issue
final rules regarding the annual collection by the Commission of data
relating to the price and subscription rates of each internet service
offering of a participating provider under the Affordable Connectivity
Program . . . to which an eligible household subscribes.''
Infrastructure Act, section 60502(c)(1). On November 23, 2022, the
Commission adopted a Fourth Report and Order, WC Docket No. 21-450, FCC
22-87 (Fourth Report and Order), establishing the ACP Data Collection
to satisfy the statutory collection requirement. The data collection
also will allow the Commission to determine the value being provided by
the affordable connectivity benefit.
List of Subjects in 47 CFR Part 54
Internet, Telecommunications, Telephone.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 54 as follows:
PART 54--UNIVERSAL SERVICE
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1. The authority citation for part 54 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 155, 201, 205, 214, 219, 220,
229, 254, 303(r), 403, 1004, 1302, 1601-1609, and 1752, unless
otherwise noted.
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2. Amend Sec. 54.1813 by:
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a. Revising paragraph (c); and
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b. Removing paragraph (g).
The revision reads as follows:
Sec. 54.1813 Affordable Connectivity Program Transparency Data
Collection.
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(c) Timing of collection. No later than November 9, 2023, and
annually thereafter, participating providers must submit to the
Commission the information in paragraph (b) of this section for all
plans in which an Affordable Connectivity Program household is
subscribed. The information must be current as of an annual snapshot
date established and announced by the Bureau.
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[FR Doc. 2023-18081 Filed 8-22-23; 8:45 am]
BILLING CODE 6712-01-P
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